Genocidal intent of Hamas toward Israel

Last updated

Various legal experts and genocide studies scholars have opined that Hamas has a genocidal intent, or partially genocidal towards Israel, based on the group's charter, statements by its leaders, and its violent actions, including the October 7 attacks. [1] [2] Following the October 7 attacks, a group of Israeli families brought forth a legal complaint alleging that Hamas had committed genocide to the International Criminal Court (ICC) in November 2023. [3] [4] Nonetheless, Hamas continued calls for the "annihilation" of Israel and vowed to repeat attacks on October 7 "again and again" until Israel's destruction. [5]

Contents

Attacks on Israeli civilians

Hamas has repeatedly justified its violence by arguing "People under occupation have a right to resist that occupation". [6]

From 2000 to 2004, Hamas was responsible for killing nearly 400 Israelis and wounding more than 2,000 in 425 attacks, according to the Israeli Ministry of Foreign Affairs. From 2001 through May 2008, Hamas launched more than 3,000 Qassam rockets and 2,500 mortar attacks into Israel. [7] [ better source needed ]

Aftermath of 1996 Jaffa Road bus bombings in which 26 people were killed HAMAS suicide bombing in Jerusalem on 25 February (DoS Publication 10321).png
Aftermath of 1996 Jaffa Road bus bombings in which 26 people were killed

Hamas have committed massacres targeting Israeli civilians. Hamas's most deadly suicide bombing was an attack on a Netanya hotel on 27 March 2002, in which 30 people were killed and 140 were wounded. The attack has also been referred to as the Passover massacre since it took place on the first night of the Jewish festival of Passover at a Seder.

Hamas has defended suicide attacks as a legitimate aspect of its asymmetric warfare against Israel. In 2003, according to Stephen Atkins, Hamas resumed suicide bombings in Israel as a retaliatory measure after the failure of peace talks and an Israeli campaign targeting members of the upper echelon of the Hamas leadership. [a] but they are considered as crimes against humanity under international law. [9] [10] In a 2002 report, Human Rights Watch stated that Hamas leaders "should be held accountable" for "war crimes and crimes against humanity" committed by the al-Qassam Brigades. [11] [12] [13]

The 2023 Re'im music festival massacre left 364 people dead with many others wounded or taken hostage Nova massacre dashcam.jpg
The 2023 Re'im music festival massacre left 364 people dead with many others wounded or taken hostage

During the October 7 attacks, Hamas infiltrated homes, shot civilians en masse, and took scores of Israeli civilians and soldiers as hostages into Gaza. [14] [15] According to Human Rights Watch, the deliberate targeting of civilians, indiscriminate attacks, and taking of civilians as hostages amount to war crimes under international humanitarian law. [16] During its October 2023 offensive against Israel, Hamas massacred 364 people at the Re'im music festival, while abucting others. [17] [18] During the same offensive, it also was reported that Hamas had massacred the population of the Kfar Aza kibbutz. [19] About 10 percent of the residents of the Be'eri kibbutz were killed. [20] Hamas militants attacked the Psyduck festival, that took place near kibutz Nir Oz, killing 17 Israeli partygoers. [21] [ better source needed ] Video footage shows children being deliberately killed during the kibbutz attacks, [22] as well as what appears to be an attempt to decapitate a living person using a garden hoe. [23] Israeli forensic teams who examined bodies of victims said many bodies showed signs of torture as well as sexual and gender-based violence, and testimonies to this effect were also collected by Israeli police. [24] [25] [26] [27] Haaretz later reported that forensic pathologists who examined bodies of the victims taken the Shura Base for identification found "no signs on any of those bodies attesting to sexual relations having taken place or of mutilation of genitalia." Not all bodies could be fully examined given the lack of forensic pathologists, and for some conclusions could not be drawn given their deteriorated state. [28] Israeli forensic pathologists in charge of the process clarified later that all bodies had been examined, and some were disfigured or burned. [29] Some of the testimonies were later proven to be false. [30] [31] [32] Detailed reports by the UN and The Times concluded that Israel's claims about the scale and formally sanctioned, systematic nature of sexual assaults did not stand up to scrutiny. [33] [34] [35]

According to one report, commenting on the 2014 conflict, "nearly all the 2,500–3,000 rockets and mortars Hamas has fired at Israel since the start of the war seem to have been aimed at towns", including an attack on "a kibbutz collective farm close to the Gaza border", in which an Israeli child was killed. [36] Former Israeli Lt. Col. Jonathan D. Halevi stated that "Hamas has expressed pride in aiming long-range rockets at strategic targets in Israel including the nuclear reactor in Dimona, the chemical plants in Haifa, and Ben-Gurion Airport", which "could have caused thousands" of Israeli casualties "if successful". [37] [ better source needed ]

On 7 October 2023, Hamas claimed responsibility for a barrage of missile attacks originating from the Gaza Strip. [38]

Notes

  1. 'This ceasefire ended when Israel started targeting Hamas leaders for assassination in July 2003. Hamas retaliated with a suicide bombing in Israel on 19 August 2003, that killed 20 people, including 6 children. Since then Israelis have mounted an assassination campaign against the senior leadership of Hamas that has killed 13 Hamas members, including Ismail Abu Shanab, one of the most moderate leaders of Hamas. ... After each of these assassinations, Hamas has sent a suicide bomber into Israel in retaliation.' [8] [ full citation needed ]

References

  1. Hoffman, Bruce (October 10, 2023). "Understanding Hamas's Genocidal Ideology". The Atlantic . Archived from the original on October 11, 2023. Retrieved December 7, 2023.
  2. Anne van Aaken; Kai Ambos; Benjamin Abtan; Martin J Adelman; many other authors (16 October 2023), Public Statement by International Law Experts, Wikidata   Q124162887, archived from the original on 19 October 2023
  3. "Israeli families bring war crime complaint to ICC: lawyer". France 24 . November 3, 2023. Archived from the original on December 7, 2023. Retrieved December 7, 2023.
  4. "9 bereaved Israeli families bring ICC war crime, genocide complaint against Hamas". Times of Israel . Agence France-Presse. November 3, 2023. Archived from the original on December 7, 2023. Retrieved December 7, 2023.
  5. "'No place on our land': Hamas official vows to repeat attacks on Israel 'again and again' until it's destroyed". MSNBC.com.
  6. Sen, Somdeep (2020). Decolonizing Palestine: Hamas between the anticolonial and the postcolonial. Ithaca [New York]: Cornell University Press. pp. 60–62. ISBN   9781501752735.
  7. Israel At 'War to the Bitter End,' Strikes Key Hamas Sites 29 December 2008, Fox News
  8. Atkins 2004, p. 123.
  9. United Nations High Commissioner for Refugees. "Refworld | Erased In A Moment: Suicide Bombing Attacks Against Israeli Civilians". UNHCR. Archived from the original on 16 April 2013. Retrieved 27 March 2013.
  10. Saarnivaara, Minn (2008). "Suicide Campaigns as a Strategic Choice: The Case of Hamas". Policing. 2 (4): 423–33. doi:10.1093/police/pan061.
  11. Erased In A Moment: Suicide Bombing Attacks Against Israeli Civilians V. Structures and Strategies of the Perpetrator Organizations, Human Rights Watch, October 2002. ISBN   1564322807
  12. "Indiscriminate Fire, Palestinian Rocket Attacks on Israel and Israeli Artillery Shelling in the Gaza Strip". Human Rights Watch. 30 June 2007. Archived from the original on 24 May 2010. Retrieved 27 May 2010.
  13. "Civilians under Assault, Hezbollah's Rocket Attacks on Israel in the 2006 War". Human Rights Watch. 28 August 2007. Archived from the original on 24 May 2010. Retrieved 27 May 2010.
  14. Debre, Isabel (8 October 2023). "Israeli hostage crisis in Hamas-ruled Gaza becomes a political trap for Netanyahu". AP News . Archived from the original on 14 October 2023. Retrieved 15 October 2023.
  15. Gold, Hadas; Murphy, Paul P.; Salma, Abeer; Dahman, Ibrahim; Khadder, Kareem; Mezzofiore, Gianluca; Goodwin, Allegra (8 October 2023). "Hamas captures hostages as Israelis share photos of those missing". CNN . Archived from the original on 14 October 2023. Retrieved 15 October 2023.
  16. "Israel/Palestine: Devastating Civilian Toll as Parties Flout Legal Obligations". Human Rights Watch . 9 October 2023. Archived from the original on 9 October 2023.
  17. "Death count from Re'im music festival massacre reportedly updated to 364 — a third of Oct. 7 fatalities". The Times of Israel . 17 November 2023. Retrieved 20 November 2023.
  18. Morris, Loveday; Piper, Imogen; Sohyun Lee, Joyce; George, Susannah (8 October 2023). "How a night of dancing and revelry in Israel turned into a massacre". The Washington Post . Archived from the original on 8 October 2023. Retrieved 8 October 2023.
  19. Lubell, Maayan (10 October 2023). "Bodies of residents and militants lie in the grounds of ravaged Israeli kibbutz". Reuters. Retrieved 10 October 2023.
  20. "10 Percent of Kibbutz Population Found Dead After Hamas Massacre in Southern Israel". Haaretz . 10 October 2023.
  21. Ntieb, Arnold (10 October 2023). לא רק ברעים: המסיבה הנוספת בדרום שמשתתפיה טרם שבו הביתה [Not only in Re'im: The participants of the other southern festival who did not come back]. maariv (in Hebrew). Retrieved 20 December 2023.
  22. Carroll, Rory (23 October 2023). "Israel shows footage of Hamas killings 'to counter denial of atrocities'". The Guardian . ISSN   0261-3077 . Retrieved 26 October 2023.
  23. "Israel shows Hamas bodycam attack footage to journalists". BBC News. 23 October 2023. Retrieved 26 October 2023.
  24. "Israel investigates an elusive, horrific enemy: Rape as a weapon of war". The Washington Post . 25 November 2023. Retrieved 4 December 2023.
  25. "The Scope of Hamas' Campaign of Rape Against Israeli Women Is Revealed, Testimony After Testimony". Haaretz. Retrieved 4 December 2023.
  26. "Israeli forensic teams describe signs of torture, abuse". Reuters. 15 October 2023. Retrieved 4 December 2023.
  27. "Israeli Police Collect Eyewitness Testimony of Gang Rape During Hamas Attack". Haaretz . Retrieved 4 December 2023.
  28. Rozovsky, Liza (18 April 2024). "15 Witnesses, Three Confessions, a Pattern of Naked Dead Bodies. All the Evidence of Hamas Rape on October 7". Haaretz . Retrieved 28 November 2024.
  29. Mor, Zohar; Kugel, Chen; Mizrahi, Hagar; Kaliner, Ehud (November 2024). "Mass killing during terror attack at the Israel-Gaza border and the role of the Ministry of Health in identification of human remains and their release". Forensic Science International. 363 112188: 1. doi:10.1016/j.forsciint.2024.112188. ISSN   1872-6283. PMID   39128201. Bodies were delivered to a central mortuary. Each body was coded and undressed for external inspection and documentation of physical elements... Whole-body CT was performed in cases the bodies were disfigured or burned from the second week
  30. Grim, Ryan; Boguslaw, Daniel; Scahill, Jeremy (29 February 2024). "Between the Hammer and the Anvil: The Story Behind the New York Times October 7 Exposé". The Intercept . Retrieved 1 April 2024.
  31. Grim, Jeremy; Scahil, Ryan (4 March 2024). "Kibbutz Be'eri Rejects Story in New York Times October 7 Exposé: "They Were Not Sexually Abused"". The Intercept . Retrieved 7 March 2024.
  32. "How 2 debunked accounts of sexual violence on Oct. 7 fueled a global dispute over Israel-Hamas war". AP News . 22 May 2024. Retrieved 25 August 2024.
  33. "Mission report - Official visit of the Office of the SRSG-SVC to Israel and the occupied West Bank 29 January – 14 February 2024" (PDF). United Nations Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict. Retrieved 5 March 2024.
  34. Independent International Commission of Inquiry on the Occupied Palestinian Territory (12 June 2024). Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel (Report). Office of the High Commissioner for Human Rights. Archived from the original on 29 August 2024. Retrieved 23 August 2024.
  35. Philp, Catherine; Weiniger, Gabrielle (7 June 2024). "Israel says Hamas weaponised rape. Does the evidence add up?". The Times . Archived from the original on 8 October 2024. Retrieved 11 August 2024.
  36. Baker, Luke (24 August 2014). "Israel says it found Hamas training manual in Gaza". Reuters . Archived from the original on 24 August 2014. Retrieved 25 August 2014.
  37. Halevi, Jonathan D. (4 August 2014). "The Hamas Threat to the West Is No Different from ISIS". Jerusalem Center for Security and Foreign Affairs. Jerusalem Center for Public Affairs . Retrieved 25 August 2014.
  38. "'We are at war': Palestinian militants launch new military operation, Israel strikes targets in Gaza". ABC News . 7 October 2023.